What is an Executor in a Will?

An Executor is responsible for seeing that (1) the terms of the Will are carried out

An Executor is responsible for seeing that (1) the terms of the Will are carried out and distributing the estate (2) applying for probate if necessary, winding up the deceased’s’ affairs, arranging final tax returns and payments, and defending the Will against any challenge.

They should be someone you trust, who will act responsibly, and who has agreed to be your executor. Appointing someone younger than yourself, or appointing more than one person, is a safeguard against your appointment becoming void if your executor dies before you. If more than one executor is appointed, it should be made clear whether they are to act jointly or if the second person is only a substitute.

Although a Will should appoint an executor, it is still valid if it does not. To act, an executor must be over 18 years of age. A child can be appointed as an executor but cannot act until eighteen. Probate will not be granted to a single executor under the age of 20 unless they are over 18 and is / or have been married in a civil union. You can nominate a major beneficiary.

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